I purchased a freehold property in Shard End but still pay rent, why is this and what is this?
It’s unusual for properties in Shard End and has limited impact for conveyancing in Shard End but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
A relative informed me that in purchasing a property in Shard End there could be a number of restrictions limiting what one can do in terms of external changes to the property. Is this right?
There are anumerous of properties in Shard End which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Shard End should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Is it correct that all Shard End CQS (Conveyancing Quality Scheme) solicitors are on the Principality conveyancing panel?
Some major banks and building societies now use CQS as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their approved list of firms.
We had selected solicitors located in Shard End on the Leeds Building Society solicitor approved list. They have just invoiced me an additional charge for the legal aspects of the Leeds Building Society mortgage. Is this an additional conveyancing fee set by Leeds Building Society?
Provided it is contained in their Terms of Engagement or estimate then yes your property lawyer can charge a fee for this. The charge is not set by Leeds Building Society but by your Shard End lawyer. Plenty of firms on the Leeds Building Society panel will levy an ‘acting for lender’ fee but many practices include it on their overall fee.
I decided to have a survey done on a property in Shard End ahead of appointing solicitors. I have been told that there is a flying freehold overhang to the property. The surveyor advised that some banks will not grant a mortgage on this type of property.
It varies from the lender to lender. HSBC has different instructions for example to Nationwide. If you e-mail us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Shard End. Conveyancing will be smoother if you use a solicitor in Shard End especially if they regularly deal with such properties in Shard End.
I was pointed in your direction by a number of selling agents in Shard End to find a solicitor on your site. Is there a financial upside for Estate Agents to offer your lawyers rather than another?
We refuse to make any commission for sending work our way. We thought it would be too underhand to pay a commission as home movers will think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
There are a number of houses in Shard End on unadopted roads. I am acquiring one such house. Are there any advantages to purchasing a residence on a privately owned road?
Shard End conveyancing practices will be well versed in conveyancing houseson private. Your lawyer should investigate Land Registry data to find any rights or liabilities. In many cases there is a management company (wholly owned by residents) that residents pay into for the upkeep of the road. If one exists, the road should be maintained and appear nicer than council owned.